Legalities in case of Death
Legalities in case of Death A rather ignored issue of legalities concerning expatriates in Russia is the case of expected or unexpected Death. However in accordance to the Laws and regulations of the Russian Federation, there are different legal steps which can be taken in case a person's relative goes deceased within the territories of the Russian Federation. Natural death According to the Federal law of 15.11.1997 N 143-FZ "about acts of civil status" one of the bases for state registration of death is the document of the established form about death issued by the medical organization. The state registration of death is made by body of civil registration in the last residence of the dead, the place of approach of death, the place of detection of a body of the dead or in the location of the organization which issued the document on death. To declare death orally or in writing to the civil registry office shall be obliged: * spouse, other members of the family of the deceased, as well as any other person present at the time of death or otherwise informed of the occurrence of death; * the medical organization or organization of social protection of the population if death occurred during stay of the person in these organization or organization; * the institution executing the punishment, if the death of the condemned came in the period of serving their punishment in places of deprivation of liberty; * the body of inquiry or investigation if an investigation is carried out in connection with the death of a person or the fact of death, when the identity of the deceased is not established; * the commander of the military unit if the death occurred during the period of military service. A Declaration of death must be made no later than three days from the date of death or from the date of discovery of the body of the deceased. In accordance with the Federal law of 12.01.1996 No. 8-FZ "About burial and funeral business" on the territory of the Russian Federation each person after his death is guaranteed, the burial taking into account his will. The law defines burial as ritual actions for the burial of the body (remains) of a person after his death in accordance with customs and traditions that do not contradict sanitary and other requirements. Burial can be carried out by bringing the body (remains) of the deceased to the ground (burial in the grave, crypt), fire (cremation, followed by the burial of urns with ashes), water (burial in water in the manner prescribed by regulatory legal acts of the Russian Federation). In the absence of the spouse, close relatives, other relatives or the legal representative of the dead or at impossibility to carry out their burial, and also in the absence of other persons who assumed the obligation to carry out burial, burial of the dead at home, on the street or in other place after establishment by law-enforcement bodies of his personality is performed by specialized service concerning funeral business within three days from the moment of establishment of the cause of death if other is not provided by the legislation of the Russian Federation. Body Transportation In accordance with paragraph 3 of article 7 of the Federal law from 12 January 1996 N 8-FZ "about burial and funeral business" execution of will of the dead about burial of his body (remains) or ashes on the burial place specified by it in case of his death in other settlement or in the territory of the foreign state is guaranteed regarding assistance to the person who assumed the obligation to carry out burial of the dead and to pay the expenses connected with burial, in obtaining in the terms of the certificate of death established by the legislation of the Russian Federation, permission to transportation of the body (remains) of the dead, and also travel documents, including documents for crossing state borders. The Federal Executive authorities, Executive authorities of subjects of the Russian Federation or local governments, and also other legal entities rendering services necessary for such cases by the nature of the activity are obliged to render the specified assistance. In case of murder If a foreigner was killed on the territory of the Russian Federation, the process of burial, transportation of the body, similar to the natural death, however, the relatives of the deceased reserve the right to initiate a criminal case, but the investigation into the incident will be held in accordance with the laws of the Russian Federation. Death Penalty Russian federation has a moratory on Death Penalty, so it couldn’t be applied to the foreigners. Source Russian Federation Federal Law